2012/02/01 Council Agenda Packet

2 (g) Notwithstanding the preceding provision, if any regulations, ordinances, acts, rules or other laws subsequently passed or amended by the Agency or any other governmental or legislative authority increase the Agency's portion of maintenance cost under this Agreement, BNSF will receive the benefit of any such regulations, ordinances, acts, rules or other laws and the Agency's increased portion of maintenance costs will be incorporated into and made a part of this Agreement. • (h) If a railway or highway improvement project necessitates rearrangement, relocation, or alteration of the Crossing Signal Equipment or Crossing Signal House installed hereunder, the costs for such rearrangement, relocation or alteration will be the responsibility of the party requesting such changes. (i) If any of the Crossing Signal Equipment is partially or wholly destroyed, then such repair and/or replacement costs must be distributed among the parties as follows: a) In the event the BNSF's sole negligence destroys or damages the Crossing Signal Equipment and/or the Crossing Signal House, BNSF must, at its sole cost and expense, replace or repair such Crossing Signal Equipment and/or Crossing Signal House. b) In the event the Crossing Signal Equipment is damaged or destroyed by any other cause, Agency must reimburse BNSF for the costs to replace or repair such Crossing Signal Equipment and/or Crossing Signal House. (j) If the Crossing Signal Equipment and/or Crossing Signal House installed hereunder cannot, through age, be maintained, or by virtue of its obsolescence, requires replacement, the cost of installation of the new crossing signal equipment and/or new crossing signal house will be negotiated by the parties hereto on the basis of the current Federal Aid Railroad Signal Program participation and applicable Agency at the time of such replacement is warranted, in addition to the provisions of Article III, Section 16 above. (k) BNSF will operate and maintain, at its expense, the necessary relays and other materials required to preempt the highway traffic control signals with the grade crossing warning devices. (I) BNSF will operate and maintain, at its expense, the railroad crossing warning devices up to the contact terminals in the interface box. (m) Agency will own, operate and maintain, at its expense, the highway traffic control signals up to and including connection to the contact terminals in the interface box including all necessary cable and conduit. (n) Agency will own, operate and maintain, at its expense, the vehicle detection in-pavement loops to the gate mechanism mounted junction box. BNSF will own and maintain, at Agency's sole cost and expense, the cable from the gate mechanism mounted junction box to the vehicle loop detection electronics, as well as the loop detection electronics. The Agency will provide a contact number for loop failures and/or preemption issues. The Agency will reimburse BNSF for the ongoing maintenance and repair costs of that portion of the Vehicle Detection System to be maintained by BNSF as herein provided. (o) Agency shall provide BNSF with a minimum of four(4) hours advance telephone notice of any vehicle detection maintenance activity that may cause any electrical disruption in the Vehicle Detection System, including, but not limited to: (i) work that involves turning off power or resetting the vehicle detection signal controller; (ii) work that disrupts the connection between the vehicle detection signal controller and the vehicle detection loops; or (iii) work that disrupts the connection between the vehicle detection signal controller and the BNSF interconnection box. Such notice shall be given using BNSF's toll free number(800) 382-5452. 1130